End User License Agreement (EULA) for TellMe

1. License Grant

The Owner grants you a personal, non-exclusive, non-transferable, revocable license to download, install, and use the App on compatible Apple devices you own or control, solely for personal, non-commercial purposes. This license is subject to your compliance with this Agreement.

2. App Functionality and Services

The App provides voice recording and transcription services, including:

• Voice Recording: Record audio memos using your device's microphone
• Speech-to-Text Transcription: Convert audio recordings into text
• Text Management: View, edit, and manage transcribed text
• Recording Management: Organize, title, and manage your recordings
• iCloud Synchronization: Automatically sync recordings across your Apple devices

3. Third-Party Services and Data Processing

3.1 Services Utilized

The App integrates with the following third-party services to provide its functionality:

• Apple iCloud: For secure data storage and synchronization across devices
• OpenAI API: For cloud-based services

3.2 Data Shared with Third Parties

By using the App, you acknowledge and agree that:

• Your recordings and transcripts will be stored in Apple iCloud (if iCloud sync is enabled)
• Data may be sent to OpenAI for processing

3.3 Third-Party Terms

Your use of the App is also subject to the terms of service and privacy policies of the third-party services listed above. The Owner is not responsible for the practices or policies of these third-party services.

Third-Party Privacy Policies:

• Apple: https://www.apple.com/legal/privacy/
• OpenAI: https://openai.com/privacy/

4. User Content and Data

4.1 User-Generated Content

You retain ownership of all content you create using the App, including:

• Audio recordings
• Transcribed text
• Recording titles
• Any other content you create or upload

4.2 License to Process

By using the App, you grant the Owner a limited, non-exclusive license to:

• Process your audio recordings for transcription purposes
• Store your recordings and transcripts in iCloud (if enabled)
• Transmit your data to third-party services (OpenAI) as necessary to provide App functionality
• Process your transcripts for title generation (if you use the automatic title feature)

This license is limited to the purpose of providing the App's services and does not grant the Owner ownership of your content.

4.3 Content Responsibility

You are solely responsible for:

• The content of your recordings
• Ensuring you have the right to record and transcribe any content
• Complying with applicable laws regarding recording and transcription
• Not recording or transcribing content that violates the rights of others

5. Permissions and Access

5.1 Required Permissions

The App requires the following permissions to function:

• Microphone Access: Required to record audio memos
• Speech Recognition: Required to transcribe audio into text

You can revoke these permissions at any time in iOS Settings, but doing so will prevent the App from functioning.

5.2 iCloud Access

The App uses iCloud Documents container to store and sync your recordings. You can disable iCloud sync in iOS Settings, but doing so will prevent synchronization across devices.

6. Intellectual Property

6.1 App Ownership

The App, including its design, code, features, and functionality, is owned by the Owner and protected by copyright, trademark, and other intellectual property laws.

6.2 User Content Ownership

You retain all ownership rights to your recordings, transcripts, and other content created using the App.

6.3 Third-Party Intellectual Property

The App uses third-party services and technologies:

• Apple's Speech Recognition framework
• OpenAI's API services
• Other third-party technologies as indicated

These are subject to their respective owners' intellectual property rights and terms of service.

7. Prohibited Uses

You agree not to:

• Use the App for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction regarding recording or transcription
• Record or transcribe content without proper authorization or consent
• Use the App to infringe on the intellectual property rights of others
• Reverse engineer, decompile, or disassemble the App
• Modify, adapt, or create derivative works of the App
• Remove or alter any copyright, trademark, or other proprietary notices
• Use the App in any way that could damage, disable, or impair the App or interfere with other users' use
• Use automated systems or bots to access or use the App
• Share your account or access credentials with others
• Use the App for commercial purposes without explicit written permission from the Owner

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OF TRANSCRIPTIONS
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OF DATA TRANSMISSION OR STORAGE

The Owner does not warrant that:

• The App will meet your requirements
• The App will be available at all times
• Transcriptions will be 100% accurate
• Data will be secure or free from loss
• The App will be free from viruses or harmful components

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, OR USE
• BUSINESS INTERRUPTION
• PERSONAL INJURY OR PROPERTY DAMAGE
• ANY OTHER DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP

The Owner's total liability shall not exceed the amount you paid for the App (if any) or $0 if the App is free.

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if the Owner has been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Owner from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your violation of this Agreement
• Your violation of any law or regulation
• Your infringement of any intellectual property or other rights
• Your content or conduct

11. Termination

11.1 Termination by You

You may terminate this Agreement at any time by:

• Deleting the App from your device
• Discontinuing use of the App

11.2 Termination by Owner

The Owner may terminate or suspend your access to the App immediately, without prior notice, if you:

• Violate this Agreement
• Use the App in an illegal or unauthorized manner
• Infringe on the rights of others
• Engage in any conduct that the Owner deems harmful

11.3 Effect of Termination

Upon termination:

• Your license to use the App ends immediately
• You must stop using the App
• The Owner may delete your data (subject to data retention policies)
• Sections of this Agreement that by their nature should survive termination will survive

12. Changes to This Agreement

The Owner reserves the right to modify this Agreement at any time. When changes are made:

• A new versioned document will be created (e.g., 1.1.0.md)
• The "Effective Date" will be updated
• You will be prompted to review and accept the updated Agreement within the App
• Continued use of the App after changes indicates acceptance of the updated Agreement

If you do not agree to the modified terms, you must stop using the App and may delete it from your device.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Germany.

14. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

This Agreement constitutes the entire agreement between you and the Owner regarding the App and supersedes all prior agreements, understandings, or communications.

16. Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. Assignment

You may not assign or transfer this Agreement or your rights under it without the Owner's prior written consent. The Owner may assign this Agreement without restriction.

18. Contact Information

For questions, concerns, or support regarding this Agreement or the App, please contact:

Owner: Ferdinand Werner
Email: ferdinand.werner@wonderfulmystical.com
Location: Germany

19. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT:

• You have read this Agreement
• You understand this Agreement
• You agree to be bound by this Agreement
• You are of legal age to enter into this Agreement
• You have the authority to enter into this Agreement

If you do not agree to this Agreement, you must not download, install, or use the App.